A patentability search is often an overlooked but, important step in the patent process. A search will reveal whether your idea has been publicly disclosed or is already patented. Conducting a patentability search as a first step is a prudent use of startup funds over forging ahead with a patent application only to determine thousands of dollars later that your idea is not patentable.

There is much on-going discussion, as well as a lot of confusion, about whether software and software products are patent eligible or not. More often than not, the discussion could better be framed as to whether you should go to the time and expense to patent a particular software product.